please i need help

[iwasgrantedhope]

please i need immigration help

[Wanderer]

What's the situation?

[iwasgrantedhope]

Well it is long but I explain. Me british been here for many a years. Me husband aboard outside in africa and I want to settle him here now. So we apply and for visa. They refuse him. I am on carers and they say I not earn the financial amount of 24800. Second me husband been in jail for 5 months and he got out 4 years ago and they refuse him for that to. Oh please help as we need him here with us me and 2 kids one disabled and me struggle please help me please please please. I been to 3 immigration advisors and they say refusal is right and that me husband cant come over and that we could go live there. We not do this as kid disabled and we british and it so difficult please help.

[Amber]

I suggest you appeal the decision within 28 days. This should trigger a Mandatory Reconsideration by the ECM.
The decision appears to be erroneous on both grounds.

Ground 1 – the £24800 requirement (I assume you have two children):

Firstly the £24800 should not be applicable if you have two British Children; rather it should be £18600.
However, most importantly, as you are receiving Carer’s Allowance, you meet the requirements of paragraph E-ECP.3.3.(a)(v) of Appendix FM to the Immigration Rules. This in turns means you are not subject to the above Financial Requirement, but rather, be able to maintain and accommodate yourselves as per E-ECP.3.3(b), see Calculating Adequate Maintenance to see if you do. Therefore, if E-ECP.3.3.(a)(v) and (b) of Appendix FM are met, leave to enter should be granted.

Ground 2 – the criminal conviction.

Although the criminal conviction would generally be a mandatory refusal under:

(d) has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

This must be contrasted with:

Paragraphs 320 (except subparagraph (3), (10) and (11)) and 322 do not apply to an application for entry clearance, leave to enter or leave to remain as a Family Member under Appendix FM, and Part 9 (except for paragraph 322(1)) does not apply to an application for leave to remain on the grounds of private life under paragraphs 276ADE-276DH.

Thus, the custodial sentence was not a mandatory general ground for refusal and thus should not have been a reason to refuse leave to enter.

[iwasgrantedhope]

this seem to good to be true to me as i been to 3 solicitor and they all say that i must have 24.8k in a wage and that his conviction will make him banned for 5 years how can you say the oposite to them when they are legal trained people and i see 3 english solicitors i do not understand they said no appeal as will be refused as on benefits and due to his jail time i am so confused i do not now who to believe and what to do. yes my 2 children are both a british.

[MPH80]

Amber - on the last point why wouldn't S-EC.1.4.c apply?

[Amber]

320 (1) - (7) correspond to S-EC.1.2 to 1.7. A320 states that 320 does not apply for EC under Appendix FM applications but for the aforementioned exceptions.

iwasgrantedhope, I cannot answer why the solicitors are stating otherwise, I believe the grounds to appeal that I have mentioned are correct.

[MPH80]

320 (1) - (7) correspond to S-EC.1.2 to 1.7. A320 states that 320 does not apply for EC under Appendix FM applications but for the aforementioned exceptions.

But the S-EC section doesn't say 'see A320' - it's it's own set of suitability clearances in it's own right that apply to family members.

In fact - the rules are really specific that S-EC applies:

Family life with a partner

Section EC-P: Entry clearance as a partner

EC-P.1.1. The requirements to be met for entry clearance as a partner are that-
(a) the applicant must be outside the UK;
(b) the applicant must have made a valid application for entry clearance as a partner;
(c) the applicant must not fall for refusal under any of the grounds in Section S-EC:
Suitability–entry clearance; and
(d) the applicant must meet all of the requirements of Section E-ECP:
Eligibility for entry clearance as a partner.

So surely they apply in this case?

Happy to be proved wrong - I'm just not seeing it.

[Amber]

Even so, given that Article 8 is in play it must be contrasted with:

Where this paragraph applies, unless refusal would be contrary to the Human Rights
Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in
exceptional circumstances that the public interest in maintaining refusal will be outweighed by
compelling factors.

Moreover, given that Part 9 of the immigration rules are quite clear it should support the argument.

The longer it has been since imprisonment, arguably, the less the risk and the less interference with Art. 8.

[iwasgrantedhope]

i only have 2 days until 28 days so i will appeal i am just confused as why the solciitors did not tell me any of this they said will be refused as not getting 24.8k salary and that my husband will be banned for more years nothing about human rights.

[iwasgrantedhope]

so i did appeal and sent letter with it with what ambers rite above now my husband been told to go in and see entry manager at pretoria!!!!!!

what does this mean is it bad or good please someone let me know i am going in crazy spin here pleas please please

[iwasgrantedhope]

i have the great news................ my husband was granted leave to enter as a spouse ..... amber was right, i am so happy that i came here as the solicitors said no and they were a english solicitors to.

i can not say how thanks ful me and husband are to this forum. the say care allowances made me exception from the normal rule and that my husband conviction would also be ok as we are spouse. thank you deeply my husband now see children is such a good time now.

[Casa]

Really pleased to hear your good news...and well done Amber.

[Amber]

Congratulations!

Thanks Casa, you do a great job too!

[Rayking]

I keep saying Amber and Casa deserve an award!I'm not flattering, you guys are just too good not to get one .
Congratulations to you,I bet this would have cost you a fortune had it been you got a lawyer. Enjoy the honeymoon. Lol

[iwasgrantedhope]

i have the further questions. i went to 3 english solicitors in big firms and each one told me no, now i went back to ask for my money back in which i pay for 1 hor of advise now they say i not get money back as they are right. they said my husband just lucky man and that he should be refused becose no financial amount and he a criminal record. now im really confused how i go about get money back? i am on benefits and cant aford the amount they charge i spend over 350 in getting advise but advise was bad. please please help.

[SoHopeful]

Unfortunately you cannot get refunds for bad advice!